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BOMBAY HIGH COURT
Vinay Joshi, J
Hitendra Mathuradas Ganatra, Bharti Rambalsingh Rajput, Ajinkya Rambalsing Rajput, Virendra Rambalsing Rajput – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Mr.O.Y. Kashid
For the Respondents: Ms. T.H. Udeshi, A.P.P.

ORAL JUDGMENT :

1. Heard.

2. Admit. The learned Additional Public Prosecutor waives service of notice on behalf of respondent no.1.

3. By Consent of both sides, the appeal is taken up for final disposal.

4. This is an appeal in terms of Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“Atrocities Act”) challenging the order dated 21.12.2020 for rejection of pre-arrest bail by Additional Sessions Judge, Akot, District Akola.

5. In anticipation of arrest in Crime No.364/2020 registered with Police Station Telhara, District Akola, for the offences punishable under Sections 452, 323, 504 and 506 read with Section 34 of the Indian Penal Code and Section 3(1) (r) and (s) of the Atrocities Act, the appellants are praying for pre-arrest protection. The bail is claimed on the ground of innocence, false implication and non-applicability of provisions of the Atrocities Act. The State resisted the appeal by filing reply-affidavit.

6. At the instance of report lodged by informant dated 13.12.2020, Crime was registered. The informant stated that he belongs to “Boudha” community whilst the appellant belongs to “Sawarna” category. It was within the kn

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